82 FR 27107 - Special Conditions: Embraer S.A. ERJ 190-300 Airplane; Electronic-System Security Protection From Unauthorized External Access
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 113 (June 14, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 113 (June 14, 2017)
| Page Range | 27107-27108 | |
| FR Document | 2017-12280 |
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)] [Rules and Regulations] [Pages 27107-27108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12280] [[Page 27107]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2017-0238; Special Conditions No. 25-689-SC] Special Conditions: Embraer S.A. ERJ 190-300 Airplane; Electronic-System Security Protection From Unauthorized External Access AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. ----------------------------------------------------------------------- SUMMARY: These special conditions are issued for the Embraer S.A. (Embraer) ERJ 190-300 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. These airplanes will have a digital-systems network architecture composed of several connected networks that may allow access to or by external computer systems and networks, and may result in airplane electronic system-security vulnerabilities. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: This action is effective on Embraer on June 14, 2017. We must receive your comments by July 31, 2017. ADDRESSES: Send comments identified by docket number FAA-2017-0238 using any of the following methods:Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your comments electronically. Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations at 202-493-2251. Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/. Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and Flight Crew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone 425-227-1298; facsimile 425-227-1320. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected airplane. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive. Background On September 13, 2013, Embraer applied for an amendment to Type Certificate No. A57NM to include the new Model ERJ 190-300 airplane. The Model ERJ 190-300 airplane, which is a derivative of the Embraer Model ERJ 190-100 STD airplane currently approved under Type Certificate No. A57NM, is a 97- to 114-passenger transport-category airplane, designed with a new wing with a high aspect ratio and raked wingtip, and a new electrical-distribution system. The maximum take-off weight is 124,340 lbs (56,400 kg). Type Certification Basis Under the provisions of title 14, Code of Federal Regulations (14 CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane meets the applicable provisions of the regulations listed in Type Certificate No. A57NM, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model ERJ 190-300 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of Sec. 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under Sec. 21.101. In addition to the applicable airworthiness regulations and special conditions, the Embraer Model ERJ 190-300 airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with Sec. 11.38, and they become part of the type certification basis under Sec. 21.101. Novel or Unusual Design Features The Embraer Model ERJ 190-300 airplane will incorporate the following novel or unusual design feature: A digital-systems network architecture composed of several connected networks. This network architecture and network configuration will have the capability to allow access [[Page 27108]] to or by external network sources, and may be used for or interfaced with a diverse set of functions, including: Flight-safety-related control, communication, and navigation systems (airplane-control domain); Operator business and administrative support (operator- information domain); and Passenger information and entertainment systems (passenger-entertainment domain) Discussion The Embraer Model ERJ 190-300 airplane's digital-systems network architecture is novel or unusual for commercial transport airplanes as it allows connection to airplane electronic systems and networks, and access from sources external to the airplane (e.g., operator networks, wireless devices, Internet connectivity, service-provider satellite communications, electronic flight bags, etc.) to the previously isolated airplane electronic assets. Airplane electronic assets include electronic equipment and systems, instruments, networks, servers, software and electronic components, field-loadable software and hardware applications, databases, etc. This proposed design may result in network security vulnerabilities from intentional or unintentional corruption of data and systems required for the safety, operation, and maintenance of the airplane. The existing regulations and guidance material did not anticipate these types of digital-system architectures, nor access to airplane systems. Furthermore, 14 CFR part 25, and current system-safety assessment policy and techniques, do not address potential security vulnerabilities by unauthorized access to airplane data busses and servers. Therefore, these special conditions are issued to ensure that the security, integrity, and availability of airplane systems are not compromised by certain wired or wireless electronic connections between airplane data busses and networks. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Applicability As discussed above, these special conditions are applicable to the Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. This action affects only a certain novel or unusual design feature on one model of airplane. It is not a rule of general applicability. The substance of these special conditions has been subject to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for electronic system-security protection from unauthorized external access on Embraer S.A. Model ERJ 190-300 airplanes. 1. The applicant must ensure that the airplane electronic systems are protected from access by unauthorized sources external to the airplane, including those possibly caused by maintenance activity. 2. The applicant must ensure that electronic system-security threats are identified and assessed, and that effective electronic system-security protection strategies are implemented to protect the airplane from all adverse impacts on safety, functionality, and continued airworthiness. 3. The applicant must establish appropriate procedures to allow the operator to ensure that continued airworthiness of the airplane is maintained, including all post-type-certification modifications that may have an impact on the approved electronic system-security safeguards. Issued in Renton, Washington, on June 2, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-12280 Filed 6-13-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations 27107
DEPARTMENT OF TRANSPORTATION including any personal information the new Model ERJ 190–300 airplane. The
commenter provides. Using the search Model ERJ 190–300 airplane, which is a
Federal Aviation Administration function of the docket Web site, anyone derivative of the Embraer Model ERJ
can find and read the electronic form of 190–100 STD airplane currently
14 CFR Part 25 all comments received into any FAA approved under Type Certificate No.
[Docket No. FAA–2017–0238; Special docket, including the name of the A57NM, is a 97- to 114-passenger
Conditions No. 25–689–SC] individual sending the comment (or transport-category airplane, designed
signing the comment for an association, with a new wing with a high aspect
Special Conditions: Embraer S.A. ERJ business, labor union, etc.). DOT’s ratio and raked wingtip, and a new
190–300 Airplane; Electronic-System complete Privacy Act Statement can be electrical-distribution system. The
Security Protection From Unauthorized found in the Federal Register published maximum take-off weight is 124,340 lbs
External Access on April 11, 2000 (65 FR 19477–19478), (56,400 kg).
as well as at http://DocketsInfo.dot.
AGENCY: Federal Aviation Type Certification Basis
gov/.
Administration (FAA), DOT. Docket: Background documents or Under the provisions of title 14, Code
ACTION: Final special conditions; request comments received may be read at of Federal Regulations (14 CFR) 21.101,
for comments. http://www.regulations.gov/ at any time. Embraer must show that the Model ERJ
Follow the online instructions for 190–300 airplane meets the applicable
SUMMARY: These special conditions are
accessing the docket or go to Docket provisions of the regulations listed in
issued for the Embraer S.A. (Embraer)
Operations in Room W12–140 of the Type Certificate No. A57NM, or the
ERJ 190–300 airplane. This airplane will
West Building Ground Floor at 1200 applicable regulations in effect on the
have a novel or unusual design feature
New Jersey Avenue SE., Washington, date of application for the change,
when compared to the state of
DC, between 9 a.m. and 5 p.m., Monday except for earlier amendments as agreed
technology envisioned in the
through Friday, except Federal holidays. upon by the FAA.
airworthiness standards for transport- If the Administrator finds that the
category airplanes. These airplanes will FOR FURTHER INFORMATION CONTACT:
applicable airworthiness regulations
have a digital-systems network Varun Khanna, FAA, Airplane and
(i.e., 14 CFR part 25) do not contain
architecture composed of several Flight Crew Interface, ANM–111,
adequate or appropriate safety standards
connected networks that may allow Transport Airplane Directorate, Aircraft
for the Model ERJ 190–300 airplane
access to or by external computer Certification Service, 1601 Lind Avenue
because of a novel or unusual design
systems and networks, and may result SW., Renton, Washington 98057–3356;
feature, special conditions are
in airplane electronic system-security telephone 425–227–1298; facsimile
prescribed under the provisions of
vulnerabilities. The applicable 425–227–1320.
§ 21.16.
airworthiness regulations do not contain SUPPLEMENTARY INFORMATION: The FAA Special conditions are initially
adequate or appropriate safety standards has determined that notice of, and applicable to the model for which they
for this design feature. These special opportunity for prior public comment are issued. Should the type certificate
conditions contain the additional safety on, these special conditions is for that model be amended later to
standards that the Administrator impracticable because these procedures include any other model that
considers necessary to establish a level would significantly delay issuance of incorporates the same novel or unusual
of safety equivalent to that established the design approval and thus delivery of design feature, or should any other
by the existing airworthiness standards. the affected airplane. model already included on the same
DATES: This action is effective on In addition, the substance of these type certificate be modified to
Embraer on June 14, 2017. We must special conditions has been subject to incorporate the same novel or unusual
receive your comments by July 31, 2017. the public comment process in several design feature, these special conditions
ADDRESSES: Send comments identified prior instances with no substantive would also apply to the other model
by docket number FAA–2017–0238 comments received. The FAA therefore under § 21.101.
using any of the following methods: finds that good cause exists for making In addition to the applicable
• Federal eRegulations Portal: Go to these special conditions effective upon airworthiness regulations and special
http://www.regulations.gov/and follow publication in the Federal Register. conditions, the Embraer Model ERJ 190–
the online instructions for sending your Comments Invited 300 airplane must comply with the fuel-
comments electronically. vent and exhaust-emission requirements
• Mail: Send comments to Docket We invite interested people to take of 14 CFR part 34 and the noise-
Operations, M–30, U.S. Department of part in this rulemaking by sending certification requirements of 14 CFR
Transportation (DOT), 1200 New Jersey written comments, data, or views. The part 36.
Avenue SE., Room W12–140, West most helpful comments reference a The FAA issues special conditions, as
Building Ground Floor, Washington, DC specific portion of the special defined in 14 CFR 11.19, in accordance
20590–0001. conditions, explain the reason for any with § 11.38, and they become part of
• Hand Delivery or Courier: Take recommended change, and include the type certification basis under
comments to Docket Operations in supporting data. § 21.101.
Room W12–140 of the West Building We will consider all comments we
Ground Floor at 1200 New Jersey receive by the closing date for Novel or Unusual Design Features
Avenue SE., Washington, DC, between 9 comments. We may change these special The Embraer Model ERJ 190–300
mstockstill on DSK30JT082PROD with RULES
a.m. and 5 p.m., Monday through conditions based on the comments we airplane will incorporate the following
Friday, except Federal holidays. receive. novel or unusual design feature:
• Fax: Fax comments to Docket A digital-systems network
Background architecture composed of several
Operations at 202–493–2251.
Privacy: The FAA will post all On September 13, 2013, Embraer connected networks. This network
comments it receives, without change, applied for an amendment to Type architecture and network configuration
to http://www.regulations.gov/, Certificate No. A57NM to include the will have the capability to allow access
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![27108 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
to or by external network sources, and special conditions would apply to that Issued in Renton, Washington, on June 2,
may be used for or interfaced with a model as well. 2017.
diverse set of functions, including: Michael Kaszycki,
This action affects only a certain
• Flight-safety-related control, novel or unusual design feature on one Acting Manager, Transport Airplane
communication, and navigation systems model of airplane. It is not a rule of Directorate, Aircraft Certification Service.
(airplane-control domain); general applicability. [FR Doc. 2017–12280 Filed 6–13–17; 8:45 am]
• Operator business and BILLING CODE 4910–13–P
administrative support (operator- The substance of these special
information domain); and conditions has been subject to the notice
• Passenger information and and comment period in several prior
instances and has been derived without DEPARTMENT OF COMMERCE
entertainment systems (passenger-
entertainment domain) substantive change from those Bureau of Industry and Security
previously issued. It is unlikely that
Discussion
prior public comment would result in a 15 CFR Parts 740 and 774
The Embraer Model ERJ 190–300 significant change from the substance
airplane’s digital-systems network contained herein. Therefore, the FAA [Docket No. 160217120–7396–02]
architecture is novel or unusual for has determined that prior public notice
commercial transport airplanes as it RIN 0694–AG85
and comment are unnecessary and
allows connection to airplane electronic impracticable, and good cause exists for Wassenaar Arrangement 2015 Plenary
systems and networks, and access from adopting these special conditions upon Agreements Implementation, Removal
sources external to the airplane (e.g., publication in the Federal Register. The of Foreign National Review
operator networks, wireless devices, FAA is requesting comments to allow Requirements, and Information
Internet connectivity, service-provider interested persons to submit views that Security Updates; Corrections
satellite communications, electronic may not have been submitted in
flight bags, etc.) to the previously response to the prior opportunities for AGENCY: Bureau of Industry and
isolated airplane electronic assets. comment described above. Security, Commerce.
Airplane electronic assets include ACTION: Correcting amendments.
electronic equipment and systems, List of Subjects in 14 CFR Part 25
instruments, networks, servers, software SUMMARY: The Bureau of Industry and
Aircraft, Aviation safety, Reporting Security (BIS) maintains, as part of its
and electronic components, field-
and recordkeeping requirements. Export Administration Regulations
loadable software and hardware
applications, databases, etc. This The authority citation for these (EAR), the Commerce Control List
proposed design may result in network special conditions is as follows: (CCL), which identifies certain items
security vulnerabilities from intentional subject to Department of Commerce
Authority: 49 U.S.C. 106(g), 40113, 44701,
or unintentional corruption of data and 44702, 44704.
jurisdiction. This rule corrects citations,
systems required for the safety, replaces text that was inadvertently
operation, and maintenance of the The Special Conditions removed, and corrects other errors
airplane. associated with the ‘‘Wassenaar
The existing regulations and guidance Accordingly, pursuant to the Arrangement 2015 Plenary Agreements
material did not anticipate these types authority delegated to me by the Implementation, Removal of Foreign
of digital-system architectures, nor Administrator, the following special National Review Requirements, and
access to airplane systems. Furthermore, conditions are issued as part of the type Information Security Updates’’ final rule
14 CFR part 25, and current system- certification basis for electronic system- published on September 20, 2016
safety assessment policy and security protection from unauthorized (WA15 rule).
techniques, do not address potential external access on Embraer S.A. Model
DATES: This rule is effective: June 14,
security vulnerabilities by unauthorized ERJ 190–300 airplanes.
2017.
access to airplane data busses and 1. The applicant must ensure that the
servers. Therefore, these special FOR FURTHER INFORMATION CONTACT: For
airplane electronic systems are
conditions are issued to ensure that the general questions contact Sharron Cook,
protected from access by unauthorized
security, integrity, and availability of Office of Exporter Services, Bureau of
sources external to the airplane,
airplane systems are not compromised Industry and Security, U.S. Department
including those possibly caused by
by certain wired or wireless electronic of Commerce at 202–482 2440 or by
maintenance activity.
connections between airplane data email: Sharron.Cook@bis.doc.gov.
2. The applicant must ensure that For technical questions contact:
busses and networks. electronic system-security threats are
These special conditions contain the Office of National Security and
identified and assessed, and that Technology Transfer Controls,
additional safety standards that the
effective electronic system-security Information Technology Control
Administrator considers necessary to
protection strategies are implemented to Division, Aaron Amundson at 202–482–
establish a level of safety equivalent to
protect the airplane from all adverse 0707.
that established by the existing
impacts on safety, functionality, and SUPPLEMENTARY INFORMATION:
airworthiness standards.
continued airworthiness.
Applicability 3. The applicant must establish Background
mstockstill on DSK30JT082PROD with RULES
As discussed above, these special appropriate procedures to allow the On September 20, 2016, BIS
conditions are applicable to the Embraer operator to ensure that continued published a final rule entitled,
Model ERJ 190–300 airplane. Should airworthiness of the airplane is ‘‘Wassenaar Arrangement 2015 Plenary
Embraer apply at a later date for a maintained, including all post-type- Agreements Implementation, Removal
change to the type certificate to include certification modifications that may of Foreign National Review
another model incorporating the same have an impact on the approved Requirements, and Information Security
novel or unusual design feature, these electronic system-security safeguards. Updates’’ (81 FR 64656–64692), (WA15
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Document Created: 2017-06-14 01:23:48
Document Modified: 2017-06-14 01:23:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final special conditions; request for comments. | |
| Dates | This action is effective on Embraer on June 14, 2017. We must receive your comments by July 31, 2017. | |
| Contact | Varun Khanna, FAA, Airplane and Flight Crew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone 425-227-1298; facsimile 425-227-1320. | |
| FR Citation | 82 FR 27107 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements |
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